The Registrar

Mallakam District Court

Mallakam

Sri Lanka

 

06 June 2023

 

Dear Registrar,

 

TESTAMENTARY MATTER – T55/2011

 

I write further to my telephone conversation with you yesterday. I confirm that I have  passed on to our lawyer, Mr Kanagasingham the message that the Registrar’s/your report would be completed within a couple of days.  Mr Kanagasingham informed us that the Judge refused to accept his response in opposition to the Substitution of the next generation members which effectively amounts to stirpes basis in breach of the High Court decision that it needed to be on per capita basis.

 

We are therefore awaiting the final outcome of this matter before taking further action, including educating the public who are covered by Thesawalamai law, and the Matrimonial Rights and Inheritance Ordinance No.15 of 1876 about how the current Judiciary is interpreting the relevant provisions. As it stands now, the rule delivered by both courts is Equal share irrespective whether daughters are paid dowry or not.  In addition, as per the rejection of our opposition to the substitution of the next generation, section 30 of the MATRIMONIAL RIGHTS OF MARRIED PERSONS WITH REGARD TO PROPERTY AND THE LAW OF INHERITANCE would need to be repealed. This section states:

 

‘Except when otherwise expressly provided, if all those who succeed to the inheritance are equally near in degree to the intestate, they take per capita, and not per stirpes.’

 

As per my lay mind’s application, the court, by rejecting our response in opposition, has effectively repealed this section.

 

As per my observation, majority users of the dowry system do so as a habit. In families where there is not enough wealth to provide education to daughters at equal level as sons, dowry has filled the gap. Otherwise, there is the real risk of children separating from their parents to go in their own paths which would promote separation as opposed to commonness.

 

Our current topic for research and Debate in Vaddukoddai is Higher Education vs Employment after GCE O Levels. Once the Testamentary Matter is completed, we  purpose to debate Dowry v Muthusum.

If we get it right at family level, there would be less wastage of the court’s resources. Our family miserably failed  the Equal Opportunity Test. The more folks are ignorant of the law, the greater the tendency to separate as individuals. This causes destruction to community life.

 

Yours sincerely,

Gajalakshmi Paramasivam

 

CC: M/- H Sajeeva Somaratne

Secretary – Judicial Service Commission (Ref JI/SG/M 63/11)

 

Bar Association of Sri Lanka

 

04 June 2023

Gajalakshmi Paramasivam

 

 

 

WAR CRIMES OR DEFAMATION?

 

The case against Australian soldier Ben Roberts-Smith began as a civil case but turned out to be a war-crimes trial. In my case, the Police brought criminal charges against me for Peaceful Assembly outside the office of the Vice Chancellor of the University of New South Wales, but Magistrate Gilmour dismissed the charges on the basis of Balance of Probability test.

 

When I brought defamation case against family members in Australia for demoting my marital status, followed by ridiculing me in Sri Lankan court, the NSW Supreme Court held that it did not have jurisdiction.

 

In the case of Ben Roberts-Smith, the trial was on the basis of what-happened in Afghanistan and how it was reported in Australia. Using the rule by the court in my case, I am entitled to conclude that there was no jurisdiction to hear the case. But as per my own  interpretation, the defamation happened here.

 

But in terms of the hearing, only the facts relating to the defamation part ought to have been heard and not the facts that happened in Afghanistan.

 

In a war-zone, soldiers are on their own and hence ‘all is taken to be fair’. If we use ‘rules’ future recruitment would be adversely affected. Hence it is important to ‘accept’ the soldier’s judgement as true. An over-regulated army is not likely to perform well. 

 

The requirement of ‘beyond reasonable doubt’ is based on this acceptance of self-inquiry. It means that we have our own personal god as our witness. It’s why we affirm in court to speak the truth as per our personal conscience.

 

As per published details, this ‘beyond reasonable doubt’ test has been breached by the Federal Court of Australia.

 

When we operate within our respective circles of belief we have the right to be judged only by someone senior to us within that circle of belief. In the battlefield, it is one’s own conscience. Belief in one’s own conscience is soul-power.  This is why it took the Sri Lankan government 30 years to defeat Tamil rebels who were ‘free’ to act as per their own conscience in the battlefield.

 

 

 

03 June 2023

Gajalakshmi Paramasivam

 

 

 

THE VOICE  Vs  ICERD

 

My article on the ‘voice’ educated me about  Section  51(xxvi) of our Australian Constitution, which was described as one rendering ‘race-power’, by an Australian of Sri Lankan origin who began his response as follows to my friend:

 

[I support the YES case to the Voice. Don’t believe all the racist rubbish from white trash like Alan Jones, Pauline Hanson and Mark Latham. They belong in the dustbin of History.  ]

 

That writer goes on as follows:

‘The VOICE gives power to the original inhabitants to ADVISE the parliament (the Australian peoples’ house). That’s all – ADVISE.’

My question is : Why do we need a referendum , which according to news reports , would cost us $364.6 million ?

As per Section  51(xxvi) of the Australian Constitution:

‘The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(xxvi.)  the people of any race for whom it is deemed necessary to make special laws;

This could mean laws against any race including Tamils or Sinhalese of Sri Lankan origin.

Australia is a signatory to

The UN’s  International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

As per my interpretation,  Section 51(xxvi) of the Australian Constitution and the fundamental values of ICERD which promotes common global values.

We need to repeal Section 51(xxvi). If that needs a referendum, such a move would be in harmony with ICERD. If it is merely to advise the government, then it is not valid expenditure. I advise the government regularly.

If the current government is trying to get political mileage out of this, it is highly likely that the damage would be exponential, as it was in Sri Lanka, whenever Buddhism foremost was activated by a citizen who may or may not have knowledge of the constitutional provision. In Australia, Section 51(xxvi) may have been considered necessary at that time.  Likewise, Buddhism Foremost article  in the 1972 Sri Lankan constitution, due to JVP insurrection in 1971.

The laws are minds of the parliamentarians. If those minds (including the minds of heirs) become idle, they would become the Devil’s workshop.

 

02 June 2023

Gajalakshmi Paramasivam

 

 

 

THE VOICE

 

As per the communication from Liberal Party, ‘the Albanese Government wants to go much further – enshrining a Voice in the Constitution, with few limits to its scope and few details……..Australia’s Constitution is our most important legal document. Every word can be open to interpretation.

Enshrining in our Constitution a body for only one group of Australians, means permanently dividing Australians by race.’

 

As per the above, ‘Buddhism foremost’ article in the Sri Lankan Constitution was also divisive. Likewise the 13^th Amendment to the Sri Lankan Constitution which rendered Tamil also equal status.

 

This mess happens when we begin tinkering with something that needs to be venerated. The Constitution that has served us well has now become an Elder.  Any change to the thought-structure of an Elder, would cause pain to that Elder. We need to respect Elders and ‘share’ with them through submissions but not ‘give’ them benefits.

 

Each Time period and each land block carries its own Energy. This means, we write our own karma/fate within those boundaries. If written as per our truth within the time or place boundaries, those laws become our Elders. Indigenous folks wrote their own constitution and have been acknowledged as Elders by the government, on behalf of all Australians. If Indigenous Australians are rendered ‘special voice ’ then all migrant groups also would need to be facilitated by the government of Australia, out of current funds, to practice their own indigenous culture.

 

Time based vote v Place based vote

Autocracy is Time based vote.  It has vertical hierarchy, as per the length of time one has been in one place. In Democracy  time is ‘stilled’ and the numbers at that place determine who is first amongst equals. The group that uses ‘Time based seniority would not be empowered by Democracy and v.v.

 

One who truly owns does not need relative measures. The measures are merely for reference purposes. Elders are true owners. In Australia, such true owners include migrants who became true Australians by absorbing discrimination pain without profiting from it.

 

As bliss is causeless happiness, ownership is formless feeling.

 

When Elders are brought into the voting system, it renders them ‘form’ and hence amounts to separatism. That is the lesson learnt by Sri Lankan Sinhalese & Tamils. It is a lesson that if learnt, would protect Australian Governments from living in the past and causing conflict in the present. Let us respect the past as a Sovereign entity with its own powers.

 

01 June 2023

Gajalakshmi Paramasivam

 

 

 

PREVENTING ETHNIC WARS

 

The current Sri Lankan Government has indicated its commitment to Truth in relation to the Ethnic war.  A committee would tend to deliver as per the Government’s expectations.

 

Truth becomes ‘fact, the moment it is expressed. In the system of truth, the higher the position of the person/group through whom the manifestation happens, the greater the value of the effects. Saint Yoga Swami of Jaffna said ‘Summa Iru/keep still’ . Swami Sathya Sai Baba shared the same message as Causeless happiness is bliss.’

 

Most of the time now, I feel Peace. On that basis, I conclude that the cause is continuous present in which we feel neither excitement nor depression of the mind. Hence causeless. This state was achieved not only by being humble as per my official junior position but also by opposing that person in the very position through which I paid my respects to the whole institutional structure.  When I so oppose I effectively take rebirth as an elder and the system gets restructured simultaneously at level of truth where there is no gap between cause and effect. Hence cause-lessness.

 

On that basis, I had the following conversation with a fellow elder:

Fellow Elder :Hinduism and Buddhism give a reason to practise Dharma - the danger of Karma and reincarnation

 

Gajalakshmi: Many consider Karma to be external. To the extent we do not remember our past, Karma would seem external – especially when we are in pain. But, the deeper we go into our own mind and see ourselves through our own truth, we would identify with the karma we brought forward. As per my discovery, the Universal Energy/Truth/God balances our Account with a positive or negative value and that structure decides where we are reborn. The permanent gunas/ characteristics / genes we carry can only be offset by opposite karma in another. Hence horoscope matching by Hindus and to a lesser degree by Buddhists.

 

Fellow Elder :Going to Hell or Heaven and having only one life appears not to have convinced many in the West to practise Dharma / righteousness, as the concept is illogical!

 

Gajalakshmi: It would seem illogical due to the ‘unknown’. Those in the East with less money than those in the West, would tend to look within and balance the ‘gap’ through ‘Human Power and/or intuitive wisdom. In tertiary life we would be led by our karma. It is an opportunity to provide selfless service which automatically negates negative karma and / or develops positive karma. When we realise this, there is peace in our mind.

 

We take karma from one stage of life into the next / another. Closures would lead to the Truth completing our current structures. This discovery amazes me. I believe in it without a doubt. When I left Sri Lanka to earn more money, I forewent professional status. By accepting that reality, I developed intuitive intelligence about all those who took senior positions above me even though as per truth I was the senior. It’s like the JVP/LTTE being cleverer than the government soldiers. But unlike them I accepted the reality in terms of ‘form’ but continued to work as if I were in that position. Hence my intuitive intelligence. Had Mr Wigneswaran done that in terms of his work as part of the judiciary, Jaffna/Northern Sri Lanka would have a strong self-governance structure now.

 

 

By sharing Truth, we promote natural commonness. This is why the power of the Opposition including  the media is protected.

On 13 May, D.B.S. Jeyaraj published an article headed ‘Little-known facts about LTTE leader Prabhakaran’

I expect Mr Jeyaraj to have published his truth as ‘facts’. I take the ‘report’ part and read it through my own experience as a Tamil who did share experiences as a ‘junior’ in their structure – facilitated by Saint Yoga Swami’s power.

 

‘DBS reports ‘Prabhakaran studied at different schools in Jaffna, Vavuniya and Batticaloa because his father was constantly transferred. The schools he studied for many years at stretch were Government College (Now Mahajana) B’caloa and Chidampara College, VVT. He was not a model student and did not even complete his GCE O’levels.’

 

Given that Prabhakaran was of my generation, and from Northern Province, I consider him to be my junior in structured Education in Northern Province. Every true structure has the power to naturally balance itself. Hence the need for merit-based discrimination.

 

DBS reports The Indian Freedom Struggle impacted Prabhakaran greatly. His ideal idol was Netaji or Subash Chandra Bose.   

 

My idol in independent struggle is Gandhi whose natural strength as renunciation, and who is respected as an Elder in Indian Political & Administrative systems.

 

DBS: ‘Netaji’s famous pronouncement was “I shall fight for the freedom of my land until I shed my last drop of blood”. Prabhakaran subscribed to these sentiments wholeheartedly. ’

 

I respect the structured system and use my truth only when it fails to deliver as per the law.

 

DBS: ‘Prabhakaran was very much interested in contemporary affairs and international politics.   

A former comrade at arms of Prabhakaran, Thalayasingham Sivakumar alias Anton Master told me how the LTTE subscribed to TIME and Newsweek those days. Prabha would ask friends knowledgeable in English to translate and explain articles.’

English language could have been learnt by Prabhakaran during school days or later as an adult. If he had respected Tamil language above gun-language, he would have learnt all that he needed to fight for Independence, in Tamil itself. To fight for Tamil Eelam, he needed to live like the poorest Tamil in his home-environment.

 

Now that we know the effects – we have the opportunity to find the truth through the ownership of the pain – as if we caused it. Then in that causeless state we will lose consciousness of the effect also. This is permanent vaccination from war for each one of us.

27 May 2023

Gajalakshmi Paramasivam

 

 

 

RBO FOR ETHNIC PROBLEM

 

 

On 25 May 2023, Mr Gajendrakumar Ponnambalam spoke in Sri Lankan Parliament, about the illegality of  Buddhist shrine built at Thayitti, in Northern Sri Lanka. On the same day, the President of Sri Lanka, stated at the Nikkei forum in Japan, in terms of the subject matter Democratic Values & Human Rights –

‘If the West wants a rule based order, the West must adhere to these rules all the time.’

The problem was surfaced by the Tamil MP on the same day the Common President provided the solution. The commonness is from Royal College Education in Colombo. That commonness renders Equal status in Colombo.

 

Land-grab is not just a Sinhalese problem. This was highlighted in the following conversation:

 

Tamil Diaspora Leader: (About the local speech) Thank God we have Gajendrakumar Ponnambalam and Gajendran to take the fight to the Chauvinists; however it would be of no avail: the travails of the North East Tamils would be of no concern to the International community . At the Geneva  sessions in March & in September , lots of speeches will be made , some countries paying lip service to Tamils’ rights , while a few other nations will be shedding crocodile tears over the violation of human rights, crimes against humanity , war crimes committed on innocent Tamil civilians. That’s all .

Gajalakshmi - Truth is also another name for God. In Thunaivi, not far from the office of Suhash, Mr Wigneswaran, then the chief minister inaugurated a building which was built on occupied land. To date, Suhash has not protested against it. They in fact become the contributors to the culture of ‘illegal occupation’. Truth is not with them. They are at the same level of civilisation they accuse the other side of

 

When we merge all known manifestations through our own truth, we have the solution at our own levels. In the President’s shoes, I would implement a Rule-Based-Order for both side MPs - Sinhala & Tamil - in national parliament. This would lead to ‘common interpretation’ at base level.

 

When the lowest level applier – say the police constable or the citizen, is able to apply the rule directly, political variations would be minimised.   The rule in the case of land occupation ought to be that the complaint has to be by the owner and/or her/his representative.  Where none is present, the local government authority needs to certify that as per its records, that there are no active owners.  Thereafter, the issue is between the local government and the National government responsible for Police powers.

 

The example that comes to mind is presented by Wikipedia as follows:

 

‘On 21 May 1976 several leading Tamil politicians (A. Amirthalingam, V. N. Navaratnam, K. P. Ratnam, M. Sivasithamparam and K. Thurairatnam) were delivering leaflets when they were all arrested on government orders.  Sivasithamparam was released but the others were taken to Colombo and tried for sedition. All the defendants were acquitted on 10 February 1977 after a famous trial at bar case in which around 70 leading Tamil lawyers, including Ponnambalam and S. J. V. Chelvanayakam, acted for the defence.’

 

The above actions and arrests happened 5 days after Vaddukoddai Resolution was manifested on 14 May 1976. Hence the ‘fear’ and ‘desire’ were due to Vaddukoddai Resolution.  This was preceded by the Tamil Nadu experience presented as follows by Wikipedia:

 

‘In January 1976 the Union Government of India dismissed the state government of Tamil Nadu, accusing Chief Minister Karunanidhi of corruption, and imposed President's rule.  Ponnambalam represented Karunanidhi at Supreme Court &  justice Ranjit Singh Sarkaria's commission of inquiry. Karunanidhi was cleared of the corruption charges.

 

To the extent Sri Lankan government benefitted from India’s contribution to independence from Colonial Rule, but failed to pay its respects to India, the Sri Lankan government’s mind would have the polarised experiences of desire and fear in its relationship with India. Hence the above victory in India would have caused fear in Sri Lanka, contributing to the ‘arrests’

 

The Indian experience confirms merger of minds through law. But this is no longer a reality after weapon based opposition by both sides. Hence the need for simple rules.

 

Hence the need for Rules Based Order. Some of us practice that in family life when challenged by differences in culture. We do not run to the authorities for family problems.

 

26May 2023

Gajalakshmi Paramasivam

 

 

 

HIROSHIMA & MULLIVAIKAL

 

 

Sri Lanka is the oldest Democracy in Asia, with a Parliament tracing its origins to 1835 and universal franchise sustained from 1931. Yet, our multiparty political system is not the norm in other parts of Asia…..It took the West over a century and two World Wars before Democratic Values and Human Rights became the norm. Similarly, in Asia, I doubt that there will be an immediate consensus on the fundamental values of the political system or a definition of Human Rights that is acceptable all Asian countries. Moreover, the strengthening of democratic values in a complex background of big power rivalry is also an onerous problem.’ - President Ranil Wickremesinghe highlights Asia’s significance at the Nikkei Forum on the Future of Asia in Japan

 

 

If the above is true, to that mind - the tragedy in Mullivaikal, Sri Lanka, in 2009 is not fact, but myth. A fact has truth or belief as its soul. If the 2009 battle that resulted in deep pain and suffering for Tamils, is ignored by Sri Lankan government,  it is a myth to them.  Hiroshima’s pain also would have become a myth if the Japanese had accepted the atomic bombings in 1945, as senior’s disciplinary action towards including the junior.  I present this as follows in my book ‘Different Logics, which is with the Sri Lankan president also.

 

 

‘In Australia, I did not recall the professional status I enjoyed in Sri Lanka. But to the extent I earned that status on merit basis and/or by paying my respects to seniors, that status renounced became my intuitive / natural intelligence in the global system of Democracy.’ – chapter 19 – Sweet & Sweetness

 

The pain I endured, to make a home in Australia, for my family, became a heritage, due to its sacrificial nature.  Likewise, Japan in global context.  The Sri Lankan government is the parallel of the West about which the Sri Lankan President states

‘If the West wants a rule based order, the West must adhere to these rules all the time.’

 

As per Wikipedia,

‘The rules-based order (RBO), describes a set of global, rule-based, structured relationships based on political, economic liberalism  and liberal internationalism  since the late 1940s… More specifically, it entails international cooperation through  multilateral institutions (like the United Nations, World Trade Organisation  and International monetary Fund)

 

Sri Lanka’s separation with RBO was confirmed through Mullivaikal bombings 64 years after Hiroshima and the above speech happened  78 years after Hiroshima.

The President emphasises the power of China as follows

‘Asia’s strength is derived from its openness.

The territory comprises some of the world’s wealthiest economies and some of the poorest; large sub-continental powers as well as small states.

This diversity has only served to strengthen the region’s role in the global arena. All of our countries benefited from the cooperation between the US and China in the post-Cold War era. Yet the subsequent rapid rise of China and the inability of the two countries to agree on China’s role on the international stage have led to rivalry and needless tensions in our part of the world.

The recent plan by the Sri Lankan government  to export 100,000 toque macaque monkeys to China indicated to us that the debt to China by Sri Lanka, was becoming a sin. Now this express support for China further confirms this.  Given that the IMF came to the rescue of Sri Lanka, one would expect the president to express appreciation for RBO and the West.  Lack of gratitude accumulates negative karma.